DELHI DEVELOPMENT AUTHORITY Vs. SANJAY KUMAR

JUDGEMENT

(1.) The challenge by way of this writ petition is to an order dated October 27, 2022 passed by the Central Administrative Tribunal (hereinafter referred to as "Tribunal") in O.A.No. 2464/2021, whereby the Tribunal quashed the articles of charge, the report of Inquiry Officer, the order of the Disciplinary Authority and Appellate Authority apropos penalty imposed on the respondent in following terms:-

(2.) In brief, as per the case of the petitioner/Delhi Development Authority (hereinafter referred to as "DDA "Ÿ), a piece of land was allotted to Badarpur Traders Union (BTU) by Delhi Administration for a period of one year from June 23, 1967 to June 22, 1968. The land was placed at the disposal of DDA vide notification dated January 03, 1968 under Sec. 21 of the Delhi Development Authority Act, 1957. A show-cause notice dated June 24, 1971 was served upon BTU by the Estate Officer, DDA and subsequently DDA demolished and removed the encroachments from the said land on August 02, 2001.

(3.) It is further the case of DDA that pursuant to the aforesaid directions, a committee was constituted by Vice Chairman, DDA on August 08, 2018 to examine the mater. Shri Sanjay Kumar/respondent herein, who was then a Senior Law Officer (SLO) was issued a memo on September 05, 2018 vide which it was communicated that the committee which had been constituted had found some lapses, in not referring the file by the SLO to the CLA (Chief Legal Advisor) and handling the same himself in the absence of CLA. In the disciplinary proceedings initiated against the respondent, the statement of imputation of misconduct in support of Articles of Charge was issued in following terms:-